Chapter 40 — Evidence Code

40.010 Rule 100. Short title

ORS 40.010 to 40.585 and 41.415 shall be known and may be cited as the Oregon Evidence Code.

40.015 Rule 101. Applicability of Oregon Evidence Code

The Oregon Evidence Code applies to all courts in this state except for: A hearing or mediation before a magistrate of the Oregon Tax Court as provided by ORS 305.501; The small claims department of a circuit court as provided by ORS 46.415; and The small claims department of a justice court as provided by ORS 52.795. The Oregon Evidence Code applies gen…

40.020 Rule 102. Purpose and construction

The Oregon Evidence Code shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

40.025 Rule 103. Rulings on evidence

Evidential error is not presumed to be prejudicial. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and: In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was …

40.030 Rule 104. Preliminary questions

Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege or the admissibility of evidence shall be determined by the court, subject to the provisions of subsection (2) of this section. In making its determination the court is not bound by the rules of evidence except those with respect to privileges. When …

40.035 Rule 105. Limited admissibility

When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.

40.040 Rule 106. When part of transaction proved, whole admissible

When part of an act, declaration, conversation or writing is given in evidence by one party, the whole on the same subject, where otherwise admissible, may at that time be inquired into by the other; when a letter is read, the answer may at that time be given; and when a detached act, declaration, conversation or writing is given in evidence, any other act, …

40.060 Rule 201(a). Scope

ORS 40.060 to 40.085 govern judicial notice of adjudicative facts. ORS 40.090 governs judicial notice of law.

40.065 Rule 201(b). Kinds of facts

A judicially noticed fact must be one not subject to reasonable dispute in that it is either: Generally known within the territorial jurisdiction of the trial court; or Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

40.070 Rules 201(c) and 201(d). When mandatory or discretionary

A court may take judicial notice, whether requested or not. A court shall take judicial notice if requested by a party and supplied with the necessary information.

40.075 Rule 201(e). Opportunity to be heard

A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.

40.080 Rule 201(f). Time of taking notice

Judicial notice may be taken at any stage of the proceeding.

40.085 Rule 201(g). Instructing the jury

In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact or law judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed in favor of the prosecution.

40.090 Rule 202. Law that is judicially noticed

Law judicially noticed is defined as: The decisional, constitutional and public statutory law of Oregon, the United States, any federally recognized American Indian tribal government and any state, territory or other jurisdiction of the United States. Public and private official acts of the legislative, executive and judicial departments of this state, the…

40.105 Rule 305. Allocation of the burden of persuasion

A party has the burden of persuasion as to each fact the existence or nonexistence of which the law declares essential to the claim for relief or defense the party is asserting.

40.110 Rule 306. Instructions on the burden of persuasion

The court shall instruct the jury as to which party bears the applicable burden of persuasion on each issue only after all of the evidence in the case has been received.

40.115 Rule 307. Allocation of the burden of producing evidence

The burden of producing evidence as to a particular issue is on the party against whom a finding on the issue would be required in the absence of further evidence. The burden of producing evidence as to a particular issue is initially on the party with the burden of persuasion as to that issue.

40.120 Rule 308. Presumptions in civil proceedings

In civil actions and proceedings, a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence.

40.125 Rule 309. Presumptions in criminal proceedings

The judge is not authorized to direct the jury to find a presumed fact against the accused. When the presumed fact establishes guilt or is an element of the offense or negates a defense, the judge may submit the question of guilt or the existence of the presumed fact to the jury only if: A reasonable juror on the evidence as a whole could find that the fac…

40.130 Rule 310. Conflicting presumptions

If presumptions are conflicting, the presumption applies that is founded upon weightier considerations of policy and logic. If considerations of policy and logic are of equal weight, neither presumption applies.

40.135 Rule 311. Presumptions

The following are presumptions: A person intends the ordinary consequences of a voluntary act. A person takes ordinary care of the person’s own concerns. Evidence willfully suppressed would be adverse to the party suppressing it. Money paid by one to another was due to the latter. A thing delivered by one to another belonged to the latter. An obligatio…

40.150 Rule 401. Definition of “relevant evidence.”

“Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

40.155 Rule 402. Relevant evidence generally admissible

All relevant evidence is admissible, except as otherwise provided by the Oregon Evidence Code, by the Constitutions of the United States and Oregon, or by Oregon statutory and decisional law. Evidence which is not relevant is not admissible.

40.160 Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay or needless presentation of cumulative evidence.

40.170 Rule 404. Character evidence; evidence of other crimes, wrongs or acts

Evidence of a person’s character or trait of character is admissible when it is an essential element of a charge, claim or defense. Evidence of a person’s character is not admissible for the purpose of proving that the person acted in conformity therewith on a particular occasion, except: Evidence of a pertinent trait of character offered by an accused, or…

40.172 Rule 404-1. Pattern, practice or history of abuse; expert testimony

In any proceeding, any party may introduce evidence establishing a pattern, practice or history of abuse of a person and may introduce expert testimony to assist the fact finder in understanding the significance of such evidence if the evidence: Is relevant to any material issue in the proceeding; and Is not inadmissible under any other provision of law in…

40.175 Rule 405. Methods of proving character

In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. In cases in which character or a trait of character of a person is admissible under O…

40.180 Rule 406. Habit; routine practice

Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice. As used in this section, “habit” means a person’s regul…

40.185 Rule 407. Subsequent remedial measures

When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This section does not require the exclusion of evidence of subsequent measures when offered for another purpose, such a…

40.190 Rule 408. Compromise and offers to compromise

Evidence of furnishing or offering or promising to furnish, or accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made…

40.195 Rule 409. Payment of medical and similar expenses

Evidence of furnishing or offering or promising to pay medical, hospital or similar expenses occasioned by an injury is not admissible to prove liability for the injury. Evidence of payment for damages arising from injury or destruction of property is not admissible to prove liability for the injury or destruction.

40.200 Rule 410. Withdrawn plea or statement not admissible

A plea of guilty or no contest which is not accepted or has been withdrawn shall not be received against the defendant in any criminal proceeding. No statement or admission made by a defendant or a defendant’s attorney during any proceeding relating to a plea of guilty or no contest which is not accepted or has been withdrawn shall be received against the d…

40.205 Rule 411. Liability insurance

Except where lack of liability insurance is an element of an offense, evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully. Subsection (1) of this section does not require the exclusion of evidence of insurance against liability when offered for another …

40.210 Rule 412. Sex offense cases; relevance of victim’s past behavior or manner of dress

Notwithstanding any other provision of law, in a prosecution for a crime described in ORS 163.266 (1), 163.355 to 163.427, 163.670 or 167.017, in a prosecution for an attempt to commit one of those crimes or in a proceeding conducted under ORS 163.760 to 163.777, the following evidence is not admissible: Reputation or opinion evidence of the past sexual beh…

40.211 Rule 412-1. Evidence not admissible in civil proceeding involving sexual misconduct

Unless the alleged victim has placed the evidence in controversy and the court determines that the probative value of the evidence substantially outweighs the danger of harm to any victim and of unfair prejudice to any party, the following evidence is not admissible in a civil proceeding involving alleged sexual misconduct: Evidence offered to prove that an…

40.215 Rule 413. Measures and assessments intended to minimize impact of or plan for natural disaster

Evidence of measures taken or vulnerability assessments conducted before a natural disaster occurs that were intended to minimize the impact of or plan for the natural disaster is not admissible to prove negligence or culpable conduct in connection with damage, harm, injury or death resulting from the natural disaster. PRIVILEGES

40.225 Rule 503. Law practitioner-client privilege

As used in this section, unless the context requires otherwise: “Client” means: A person, public officer, corporation, association or other organization or entity, either public or private, who is rendered professional legal services by a law practitioner, or who consults a law practitioner with a view to obtaining professional legal services from the law …

40.227 Rule 503-1. Right of client to communicate with law practitioner; inadmissibility of evidence obtained or disclosed without client’s consent

As used in this section, “client,” “confidential communication,” “law practitioner” and “representative of the law practitioner” have the meanings given those terms in ORS 40.225. A client has a right to privately communicate with the client’s law practitioner and representatives of the law practitioner. Any evidence derived from a confidential communicati…

40.230 Rule 504. Psychotherapist-patient privilege

As used in this section, unless the context requires otherwise: “Confidential communication” means a communication not intended to be disclosed to third persons except: Persons present to further the interest of the patient in the consultation, examination or interview; Persons reasonably necessary for the transmission of the communication; or Persons wh…

40.235 Rule 504-1. Physician-patient privilege

As used in this section, unless the context requires otherwise: “Confidential communication” means a communication not intended to be disclosed to third persons except: Persons present to further the interest of the patient in the consultation, examination or interview; Persons reasonably necessary for the transmission of the communication; or Persons wh…

40.240 Rule 504-2. Nurse-patient privilege

A licensed professional nurse shall not, without the consent of a patient who was cared for by such nurse, be examined in a civil action or proceeding, as to any information acquired in caring for the patient, which was necessary to enable the nurse to care for the patient.

40.245 Rule 504-3. School employee-student privilege

A certificated staff member of an elementary or secondary school may not be examined in any civil action or proceeding as to any conversation between the certificated staff member and a student that relates to the personal affairs of the student or family of the student, and that if disclosed would tend to damage or incriminate the student or family. Any vio…

40.250 Rule 504-4. Regulated social worker-client privilege

A regulated social worker under ORS 675.510 to 675.600 may not be examined in a civil or criminal court proceeding as to any communication given the regulated social worker by a client in the course of noninvestigatory professional activity when the communication was given to enable the regulated social worker to aid the client, except when: The client or a…

40.252 Rule 504-5. Communications revealing intent to commit certain crimes

In addition to any other limitations on privilege that may be imposed by law, there is no privilege under ORS 40.225, 40.230, 40.250, 40.264 or 40.274 for communications if: In the professional judgment of the person receiving the communications, the communications reveal that the declarant has a clear and serious intent at the time the communications are m…

40.255 Rule 505. Spousal privilege

As used in this section, unless the context requires otherwise: “Confidential communication” means a communication by a spouse to the other spouse and not intended to be disclosed to any other person. “Marriage” means a marital relationship between two individuals, legally recognized under the laws of this state. “Spouse” means an individual in a marriage…

40.260 Rule 506. Member of clergy-penitent privilege

As used in this section, unless the context requires otherwise: “Confidential communication” means a communication made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication. “Member of the clergy” means a minister of any church, religious denomination or organization or accredi…

40.262 Rule 507. Counselor-client privilege

A professional counselor or a marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists under ORS 675.715 shall not be examined in a civil or criminal court proceeding as to any communication given the counselor or therapist by a client in the course of a noninvestigatory professional activity when such com…

40.264 Rule 507-1. Certified advocate-victim privilege

As used in this section: “Certified advocate” means a person who: Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault or stalking, approved by the Attorney General by rule; and Is an employee or a volunteer of a qualified victim services program. “Confidential communication” means a written or oral com…

40.265 Rule 508a. Stenographer-employer privilege

A stenographer shall not, without the consent of the stenographer’s employer, be examined as to any communication or dictation made by the employer to the stenographer in the course of professional employment.

40.270 Rule 509. Public officer privilege

A public officer shall not be examined as to public records determined to be exempt from disclosure under ORS 192.338, 192.345 and 192.355.

40.272 Rule 509-1. Sign language interpreter privilege

As used in this section: “Person with a disability” means a person who cannot readily understand or communicate the spoken English language, or cannot understand proceedings in which the person is involved, because of deafness or because of a physical hearing impairment or cannot communicate in the proceedings because of a physical speaking impairment. “Si…

40.273 Rule 509-2. Non-English-speaking person-interpreter privilege

As used in this section: “Interpreter” means a person who translates conversations or other communications for a non-English-speaking person or translates the statements of a non-English-speaking person. “Non-English-speaking person” means a person who, by reason of place of birth or culture, speaks a language other than English and does not speak English …

40.274 Rule 509-3. Legislative branch offsite process counselor privilege

As used in this section: “Confidential communication” means a communication between an offsite process counselor and an individual reporting information or seeking consultative services from the offsite process counselor. “Harassment” has the meaning given that term in legislative branch personnel rules that establish a standard of conduct that applies to …

40.275 Rule 510. Identity of informer

As used in this section, “unit of government” means: The federal government or any state or political subdivision thereof; A university that has commissioned police officers under ORS 352.121 or 353.125; or A tribal government as defined in ORS 181A.940, if the information referred to in this section relates to or assists in an investigation conducted by …

40.280 Rule 511. Waiver of privilege by voluntary disclosure

A person upon whom ORS 40.225 to 40.295 confer a privilege against disclosure of the confidential matter or communication waives the privilege if the person or the person’s predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the matter or communication. This section does not apply if the disclo…

40.285 Rule 512. Privileged matter disclosed under compulsion or without opportunity to claim privilege

Evidence of a statement or other disclosure of privileged matter is not admissible against the holder of the privilege if the disclosure was: Compelled erroneously; or Made without opportunity to claim the privilege.

40.290 Rule 513. Comment upon or inference from claim of privilege

The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn from a claim of privilege. In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims of privilege without the knowledge of the jury. …

40.295 Rule 514. Effect on existing privileges

Unless expressly repealed by section 98, chapter 892, Oregon Laws 1981, all existing privileges either created under the Constitution or statutes of the State of Oregon or developed by the courts of Oregon are recognized and shall continue to exist until changed or repealed according to law. WITNESSES

40.310 Rule 601. General rule of competency

Except as provided in ORS 40.310 to 40.335, any person who, having organs of sense can perceive, and perceiving can make known the perception to others, may be a witness.

40.315 Rule 602. Lack of personal knowledge

Subject to the provisions of ORS 40.415, a witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness.

40.320 Rule 603. Oath or affirmation

Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the conscience of the witness and impress the mind of the witness with the duty to do so. An oath may be administered as follows: The person who swears holds up one hand while the person a…

40.325 Rule 604. Interpreters

Except as provided in ORS 45.275 (7), an interpreter is subject to the provisions of the Oregon Evidence Code relating to qualification as an expert and the administration of an oath or affirmation that the interpreter will make a true and impartial interpretation of the proceedings in an understandable manner using the interpreter’s best skills and judgment…

40.330 Rule 605. Competency of judge as witness

The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.

40.335 Rule 606. Competency of juror as witness

A member of the jury may not testify as a witness before that jury in the trial of the case in which the member has been sworn to sit as a juror. If the juror is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.

40.340 [1981 c.892 §50; repealed by 1987 c.352 §1]

40.345 Rule 607. Who may impeach

The credibility of a witness may be attacked by any party, including the party calling the witness.

40.350 Rule 608. Evidence of character and conduct of witness

The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but: The evidence may refer only to character for truthfulness or untruthfulness; and Evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwi…

40.355 Rule 609. Impeachment by evidence of conviction of crime; exceptions

For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record, but only if the crime: Was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted; or Involved false stateme…

40.360 Rule 609-1. Impeachment for bias or interest

The credibility of a witness may be attacked by evidence that the witness engaged in conduct or made statements showing bias or interest. In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the statement shall be…

40.365 Rule 610. Religious beliefs or opinions

Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the credibility of the witness is impaired or enhanced.

40.370 Rule 611. Mode and order of interrogation and presentation

The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to make the interrogation and presentation effective for the ascertainment of the truth, avoid needless consumption of time and protect witnesses from harassment or undue embarrassment. Cross-examination should be limited to the subje…

40.375 Rule 612. Writing used to refresh memory

If a witness uses a writing to refresh memory for the purpose of testifying, either while testifying or before testifying if the court in its discretion determines it is necessary in the interests of justice, an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce into ev…

40.380 Rule 613. Prior statements of witnesses

In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel. Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witnes…

40.385 Rule 615. Exclusion of witnesses

At the request of a party the court may order witnesses excluded until the time of final argument, and it may make the order of its own motion. This rule does not authorize exclusion of: A party who is a natural person; An officer or employee of a party which is not a natural person designated as its representative by its attorney; A person whose presence…

40.405 Rule 701. Opinion testimony by lay witnesses

If the witness is not testifying as an expert, testimony of the witness in the form of opinions or inferences is limited to those opinions or inferences which are: Rationally based on the perception of the witness; and Helpful to a clear understanding of testimony of the witness or the determination of a fact in issue.

40.410 Rule 702. Testimony by experts

If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education may testify thereto in the form of an opinion or otherwise.

40.415 Rule 703. Bases of opinion testimony by experts

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.

40.420 Rule 704. Opinion on ultimate issue

Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.

40.425 Rule 705. Disclosure of fact or data underlying expert opinion

An expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.

40.430 Rule 706. Impeachment of expert witness by learned treatise

Upon cross-examination, an expert witness may be questioned concerning statements contained in a published treatise, periodical or pamphlet on a subject of history, medicine or other science or art if the treatise, periodical or pamphlet is established as a reliable authority. A treatise, periodical or pamphlet may be established as a reliable authority by t…

40.450 Rule 801. Definitions for ORS 40.450 to 40.475

As used in ORS 40.450 to 40.475, unless the context requires otherwise: A “statement” is: An oral or written assertion; or Nonverbal conduct of a person, if intended as an assertion. A “declarant” is a person who makes a statement. “Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidenc…

40.455 Rule 802. Hearsay rule

Hearsay is not admissible except as provided in ORS 40.450 to 40.475 or as otherwise provided by law.

40.460 Rule 803. Hearsay exceptions; availability of declarant immaterial

The following are not excluded by ORS 40.455, even though the declarant is available as a witness: (Reserved.) A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. A statement of the declarant’s then existing state of mind, emotion, sensation or physical condit…

40.465 Rule 804. Hearsay exceptions when the declarant is unavailable

“Unavailability as a witness” includes situations in which the declarant: Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of a statement; Persists in refusing to testify concerning the subject matter of a statement despite an order of the court to do so; Testifies to a lack of memory of the subje…

40.470 Rule 805. Hearsay within hearsay

Hearsay included within hearsay is not excluded under ORS 40.455 if each part of the combined statements conforms with an exception set forth in ORS 40.460 or 40.465.

40.475 Rule 806. Attacking and supporting credibility of declarant

When a hearsay statement, or a statement defined in ORS 40.450 (4)(b)(C), (D) or (E), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if the declarant had testified as a witness. Evidence of a statement or conduct by the declarant a…

40.505 Rule 901. Requirement of authentication or identification

The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirem…

40.510 Rule 902. Self-authentication

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following: A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a p…

40.515 Rule 903. Subscribing witness’ testimony unnecessary

The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing. CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS

40.550 Rule 1001. Definitions for ORS 40.550 to 40.585

As used in ORS 40.550 to 40.585, unless the context requires otherwise: “Duplicate” means a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, by mechanical or electronic re-recording, by chemical reproduction, by optical imaging or by other equivalent tech…

40.555 Rule 1002. Requirement of original

To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in ORS 40.550 to 40.585 or other law.

40.560 Rule 1003. Admissibility of duplicates

A duplicate is admissible to the same extent as an original unless: A genuine question is raised as to the authenticity of the original; or In the circumstances it would be unfair to admit the duplicate in lieu of the original.

40.562 Rule 1003-1. Admissibility of reproduction

If any business, institution or member of a profession or calling, in the regular course of business or activity, has kept or recorded any memorandum, writing, entry, print, representation or a combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or r…

40.565 Rule 1004. Admissibility of other evidence of contents

The original is not required, and other evidence of the contents of a writing, recording or photograph is admissible when: All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; An original cannot be obtained by any available judicial process or procedure; At a time when an original was under the control o…

40.570 Rule 1005. Public records

The contents of an official record or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with ORS 40.510 or testified to be correct by a witness who has compared it with the original. If such a copy cannot …

40.575 Rule 1006. Summaries

The contents of voluminous writings, recordings or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that they be produced in …

40.580 Rule 1007. Testimony or written admission of party

Contents of writings, recordings or photographs may be proved by the testimony or deposition of the party against whom offered or by the party’s written admission, without accounting for the nonproduction of the original.

40.585 Rule 1008. Functions of court and jury

When the admissibility of other evidence of contents of writings, recordings or photographs under ORS 40.550 to 40.585 depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with ORS 40.030. However, the issue is for the trier of fact to determine as in…